Discipline for Being Sick?

[Maureen]

I am a 29 yr old Female who works as a Lab technician in a Plastics Company.
My initial employment began on 3/7/00. On 3/7/01, I had completed my 1 yr probationary period. No review or any comments about my performance were given to me at this time or before. On 3/28/01, I took FMLA for a serious health condition. When I tried to return to work on 4/12/01 (a month and a few days after I had reached my 1 yr), I was notified that becuse I had previously missed 3 days in a 3 month period, the Company was going to extend my probationary period, not alow me to receive a full training raise, and that I would not qualify for any short-term or long-term disability benefits. The 3 days that they are claiming as absences were due to medical reasons, which at the tme, I had provided documentation for. Is it legal for them to count such medical-related absences as disciplinary reasons? My supervisor nor anyone else had ever, since the day I started, told me that my attendence was becoming to be a problem. Out of the blue, they discipline me like this. I believe this to be unfair and unjust. Can someone please give me some sound legal advice on this situation?
Thanks,
Maureen

 

[jon_]

I think the first thing that you might want to do is obtain the employee manual. If they are stating "well it's company policy" then the first thing to do is see if there is a company policy. You don't even have to point to the fact that anyone led you to believe that it was ok to leave if there is nothing in writing in the manual. If there is one, I wonder if they ever gave it to you. That is a very strange policy. Was it within your alotted days off and sick days?

 

[Maureen]

Reply to Jon

Jon,

In the company handbook under absenteeism, it clearly states that "any employee with excessive absenteeism will be warned, either verbally or written, THEREAFTER, disciplinary measures may be taken".

Since the day I started with this company, I was neither warned verbally or in writing until 4/12/01.

Also, there is no outline whatsoever in the handbook dealing with their disciplinary procedure. They do not explain anywhere how they discipline or under what grounds they do what.

I feel like I'm in a pissing contest with them. I made my 1yr - I went on FMLA, and now they are disciplining me for a time period of 12/3/00 - 2/28/01.

Icing on the cake: My husband and I work at the same company, same location. Less than a year ago, my husband had elective knee surgery. His leave of absence was designated FMLA also. His supervisor told him to disregard the letter stating that FMLA was unpaid. He got FULL wages. When he asked recently why he got paid, and I am not, they told him it was because he worked there 15 years and "put his time in".

How freaking unfair is this????

 

[jon_]

Very odd, especially when you have two employees, one male and one female receiving different treatment. Wow. This may be an unfair labor practice or employment discrimination. You might want to document everything and make sure that everything is handled in writing and don't do things pursuant to oral guarantee. You may want to write a formal letter of response and cite the manual. If they are stupid enough to do something of significance or if you start having real problems on the job, especially in contravention of their own stated policies and procedures... well... you can guess where I'm going. I tend to find that things stop when people are forced to put their pen to the paper and back up their mouth.

 

[brian]

My friend went through this stuff too with her boyfriend she met at work. She hired a lawyer to look into it after she realized she wasn't going to be comfortable at work because of it. Her lawyer contacted her employer and they settled after her lawyer really pushed the issue. They knew what they did and eventually the head of the human resources area was moved to another division = demotion.